Del. R. Ch. Ct. 16

As amended through November 14, 2024
Rule 16 - Pretrial Procedure; Formulating Issues
(a) In any action, the Court may in its discretion direct the attorneys for the parties, and any party not represented by an attorney, to appear before the Court in person for a conference or conferences before trial to consider:
(1) The formulation and simplification of the issues including the elimination of claims or defenses;
(2) The necessity or desirability of amendments to the pleadings;
(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(4) The advisability of a preliminary reference of issues to a Master;
(5) Such other matters as may aid in the disposition of the action.
(b) In any action that is to be tried, unless the Court otherwise directs, a pretrial conference shall be held on a date, no less than 7 days before the trial, fixed by the Court. Counsel (or parties not represented by an attorney) who will conduct the trial shall be present at the pretrial conference. No less than 3 days before the pretrial conference, counsel shall submit to the Court in duplicate, a pretrial order which shall meet the requirements of paragraph (c) of this Rule. Counsel shall confer in good faith effort to stipulate to the contents of the pretrial order. To the extent that counsel are unable to agree upon the contents of the pretrial order, each attorney (or party not represented by an attorney) shall submit to the Court a proposed pretrial order that shall indicate the areas of disagreement.
(c) Except to the extent that the Court orders otherwise, all pretrial orders shall include the following information:
(1) A statement of the nature of the action.
(2) A statement of the facts which are admitted and required no proof.
(3) A statement of the issues of fact and of law which any party contends remain to be litigated.
(4) A statement of the relief sought by each party.
(5) Any amendments of the pleadings desired by any party, with a statement as to whether it is unopposed or objected to, and if objected to, the grounds therefor.
(6) A list of witnesses, including experts, who will be called by each party at the trial, and a statement of the testimony, if any, that will be adduced by transcript (or videotape) of depositions.
(7) A description of any evidentiary issues that will require resolution, which shall include a listing of any exhibits which are objected to and the nature of the evidentiary objection, and an undertaking by counsel (or by parties not represented by an attorney) that insofar as is feasible before the trial commences, all trial exhibits will be premarked and will indicate whether they may be admitted into evidence without objection.
(8) An estimate by each party to the action of the number of trial days that will be required.

Del. R. Ch. Ct. 16